Sunil Mahajan vs State Of Madhya Pradesh

Vishal Dhagat, J

This is second bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 26.03.2022 in connection with Crime No.976/2021, registered at Police Station Khaknar, District Burhanpur (M.P.) for the offence punishable under Sections 409, 420/34 of Indian Penal Code.

Learned counsel appearing for the applicant submitted that this is second bail application. Earlier bail application was dismissed as withdrawn with liberty to petitioner to file repeat application after filing of the charge sheet.

Learned counsel for the applicant submitted that applicant is innocent. He has not committed any defalcation. He was only a clerk and maintaining the registers. There may be irregularities in maintaining register but no defalcation has been done. Co-accused persons have already been enlarged on bail. In these circumstances, counsel for the applicant prays for bail.

Learned Government Advocate for the State opposed the application for grant of bail. It is submitted that applicant was in-charge and maintaining the accounts. Defalcation happened because applicant and others do not maintain the stock register. In view of the same, there is direct involvement of the applicant in the offence. Therefore, his bail application may be rejected.

Heard the counsel for the parties.

Considering the fact that in this case investigation is complete and charge sheet has already been filed. Applicant is in jail since 26.03.2022 and other co-accused already released on bail by this Court, bail application filed by applicant Sunil Mahajan is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.

In addition to aforesaid condition, the applicants shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules